Gujarat High Court
Minor Yug Ajitkumar Vaghela Thro ... vs State Of Gujarat on 3 July, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/824/2022 ORDER DATED: 03/07/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 824 of
2022
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MINOR YUG AJITKUMAR VAGHELA THRO DAXABEN D/O BHIMABHAI
HARIJAN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1,2,3
MS VIDHI J BHATT(6155) for the Respondent(s) No. 2
MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 03/07/2024
ORAL ORDER
1. The affidavit is produced in compliance of the order dated 15.12.2023 in view of the judgment of the Hon'ble Apex Court in the case of Rajnesh v. Neha, (2021) 2 SCC 324. The respondent no.2 is serving as a Water Bearer at the District Consumer Redressal Forum and according to his affidavit, he is earning about Rs.14,800/- and that as per the order, he is working for six hours daily. The statement shows that in the month of December, 2023, he has received Rs.14,800/- after necessary deductions. The EMI is paid of Rs.1,824/- and Page 1 of 3 Downloaded on : Thu Jul 04 21:01:37 IST 2024 NEUTRAL CITATION R/CR.RA/824/2022 ORDER DATED: 03/07/2024 undefined Rs.2,140/- towards the loan which he has taken for his second wife. As per the affidavit, the purpose of taking loan for the second wife is to conduct small scale self-employment activities for livelihood which itself shows that over and above six hours service, the respondent no.2 has self employed means, but has failed to disclose the said fact in the affidavit. The earning of the divorce wife has been shown as Rs.70,000/- being Government teacher, but the present application is filed by 3 minor triplets. Mr. Raval submitted that the applicant has failed to maintain three children and the application for enhancement has been rejected. While the order under Section 125 of the Cr.P.C. dated 31.1.2017 passed by the learned 6th Additional JMFC, Nadiad makes an order for the payment of Rs.1,800/- to each of the three minors.
2. Considering the fact that the respondent no.2 has remarried and in view of the income which gets disclosed by way of affidavit, the order passed by the learned Family Court, Nadiad dated 30.4.2019 in Criminal Misc. Application no. 140 of 2018 is Page 2 of 3 Downloaded on : Thu Jul 04 21:01:37 IST 2024 NEUTRAL CITATION R/CR.RA/824/2022 ORDER DATED: 03/07/2024 undefined required to be modified since the respondent no.2 at that time has submitted that he was earning Rs.5,500/- by his temporary job. The fact noted that the children are receiving scholarship for studies and the fact that the father is required to maintain the children and therefore, the order passed under Section 125 of the Cr.P.C. requires enhancement. The school scholarship as has been noted comes to about Rs.1,850/- and hence, taking into consideration the income of the father with the fact of the scholarship received, the order of Rs.1,800/- passed on 31.1.2017 which was to be paid from the date of application as 7.1.2016, the maintenance amount is ordered to be increased to Rs.2,500/- per child.
3. Accordingly, the present application is disposed of in the above terms.
(GITA GOPI,J) Maulik Page 3 of 3 Downloaded on : Thu Jul 04 21:01:37 IST 2024